Lembke v. Lembke
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — E. B. Woodruff, Judge. Suit in equity, to enjoin trespass upon real property. The real controversy is made to appear in the answer and reply. The controversial question there presented was whether the intervener, Charles Lembke, had acquired from the plaintiff either an easement or an irrevocable license for a right of way over the corner of plaintiff’s land.
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Appeal from Pottawattamie District Court. — E. B. Woodruff, Judge. Suit in equity, to enjoin trespass upon real property. The real controversy is made to appear in the answer and reply. The controversial question there presented was whether the intervener, Charles Lembke, had acquired from the plaintiff either an easement or an irrevocable license for a right of way over the corner of plaintiff’s land. The decree found this issue with the plaintiff, and ordered a permanent injunction against the defendant, enjoining him from the further use of such alleged right of way. The defendant appeals.
1Opinion of the CourtEvans, J.
Plaintiff, Henry Lembke, and intervener, Charles Lembke, are brothers. They are the owners of adjoining lands, which formerly they had occupied as neighbors, for many years. Originally, their adjoining lands comprised the northeast quarter of a certain Section 13. Henry owned the east half thereof, and Charles, the west half thereof. About 1898 or 1899, Charles Lembke purchased the east half of the southeast quarter of said Section 13, known in the record as the Newberry 80. It will be noted that the Newberry land joins the plaintiff’s land on its south line, whereas it only corners with the…
2Cases cited3 opinions
- Ruthven v. Farmers Co-operative Creamery Co.Supreme Court of Iowa · 1908
- Green v. CrainSupreme Court of Iowa · 1919
- Arbaugh v. AlexanderSupreme Court of Iowa · 1911
3Cited by3 opinions
- Black v. WhitacreSupreme Court of Iowa · 1928
- Molene v. TanseySupreme Court of Iowa · 1927
- Stovern v. StovernSupreme Court of Iowa · 1924